HomeMy WebLinkAboutcocc_ordinance_no_36-2021_202111161 ORDINANCE NO. 36-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING CHAPTER 110, LAND
5 DEVELOPMENT REGULATIONS, SECTION 110-1 DEFINITIONS AND
6 ARTICLE IX SUPPLEMENTAL DISTRICT REGULATIONS, DIVISION 4
7 HOME OCCUPATIONS OF THE CITY CODE TO COMPLY WITH RECENT
8 LEGISLATION ADOPTED BY THE FLORIDA LEGISLATURE RELATED TO
9 HOME BASED BUSINESSES; MAKING CONFORMING AMENDMENTS
10 TO THE SCHEDULE OF ZONING DISTRICT REGULATIONS AND OTHER
11 PROVISIONS OF THE CITY CODE TO COMPLY WITH SAID
12 LEGISLATION; PROVIDING FOR THE REPEAL OF PRIOR
13 INCONSISTENT ORDINANCES AND RESOLUTIONS,
14 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
15 EFFECTIVE DATE.
16
17 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
18 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
19 law, and
20
21 WHEREAS, based on recent legislation adopted by the Florida Legislature during the 2021
22 session, it has been determined that it is warranted to provide amendments to the City Code
23 regarding home -based businesses by repealing and replacing chapter 110, Land Development
24 Regulations, Article IX Supplemental District Regulations, Division 4 Home Occupations and
25 making other conforming amendments to the City Code to comply with the state preemption
26 provided under Section 559.955, Florida Statutes; and
27
28 WHEREAS, pursuant to the Florida Community Planning Act and Section 58-57 and 110-
29 3 of the City Code, the City's Planning & Zoning Board/Land Planning Agency has reviewed and
30 recommended adoption of this Ordinance at a duly held public meeting; and
31
32 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
33 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
34 Cape Canaveral.
35
36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
37 ORDAINS, AS FOLLOWS:
38 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
39 this reference as legislative findings and the intent and purpose of the City Council of the City of
City of Cape Canaveral
Ordinance No. 36-2021
Page 1 of 9
1 Cape Canaveral.
2
3 Section 2. Amending Chapter 110, Land Development Regulations, Article IX
4 Supplemental District Regulations, Division 4 Home Occupations. The City of Cape Canaveral
5 Code of Ordinances, Chapter 110, Land Development Regulations, Article IX Supplemental District
6 Regulations, Division 4 Home Occupations is hereby amended as set forth below (underlined type
7 indicates additions and strikeout type indicates deletions, while *** indicate deletions from this
8 Ordinance of said Chapter, Article and Division that shall remain unchanged in the City Code):
9
10 CHAPTER 110 LAND DEVELOPMENT REGULATIONS
11
12 ***
13
14 Article IX Supplemental District Regulations
15
16 ***
17 Division 4 Home Occupations Based Businesses
18
19 Sec. 110-521. - Permitted home occupations- based businesses.
20
21 Customary home occupations which are incidental to the permitted residential use shall be
22 allowed in any district which permits home occupations.
23
24 (a) Home based businesses shall be permitted from a residential property provided such
25 businesses comply with the requirements set forth in Section 559.955, Florida Statutes and other
26 applicable federal and state law. Such businesses shall also comply with any applicable provision
27 of the City Code not otherwise preempted by law.
28
29 (b) Pursuant to Section 559.955(d), the activities of the home -based business are required to
30 be secondary to the property's use as a residential dwelling. For purposes of this section,
31 "secondary" means a use that is incidental and subordinate to the primary use and area of the
32 property serving as a residential dwelling and does not alter the principal residential use of the
33 property.
34
35 (c) This section does not supersede or repeal:
36
37 (1) Any current or future declaration or declaration of condominium adopted pursuant
38 to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or
39 declaration of covenant adopted pursuant to chapter 720.
40
41 (2) Any provision of the City Code related to transient public lodging establishments,
City of Cape Canaveral
Ordinance No. 36-2021
Page 2 of 9
1 as defined in section 509.013(4)(a) 1., Florida Statutes that are not otherwise preempted under
2 chapter 509, Florida Statutes including, but not limited to Sections 1 10-486 and 110-487 regulating
3 vacation rentals.
4
5
6 Sec. 110-522. --Requirements—Reserved.
7
8 {a) Home occupations are permitted within the confines of any dwelling unit, provided all
9 restrictions of this section are complied with.
10
11 (b) The primary use of the building shall remain residential, and the operator of the home
12 occupation shall remain a resident thereof.
13
14 (c) No structural additions, enlargements or exterior alterations changing the residential
15 appearance to a business or commercial appearance shall be permitted.
16
17 (d) No home occupation shall occupy an area greater than 25 percent of the first floor area of the
18 dwelling unit, exclusive of the area of any open porch or attached garage or similar space not
19 suited or intended for occupancy as living quarters. No rooms which have been constructed as an
20 addition to the residence or any attached garage or porch which has been converted into living
21 quarters shall be considered as floor area until two years after the date of completion thereof.
22
23 (e) No additional and separate entrance icongruent with the residential structural design shall
24 be constructed for the purpose of conducting the home occupation.
25
26 (f) The home occupation shall be conducted entirely within the dwelling unit used as the residence.
27
28 {g) For single family, duplex or townhouse structures, no display of goods or external evidence of
29 the home occupation shall be permitted other than one nonilluminated nameplate, not exceeding
30 two square feet in area, which may be displayed affixed flat against the exterior surface at a
31 position not more than two feet distant from the main entrance of the dwelling unit concerned.
32 For structures housing multifamily or mixed uses, no external evidence of the home occupation
33 shall be permitted.
34
35 (h) No provision for offstreet parking or loading facilities, other than the requirements of the
36 district in which the use is located, shall be permitted. Occupations which generate greater
37 volumes of traffic than would normally be expected in a residential neighborhood are prohibited.
38
39 (i) No stock in trade or commodities, other than those prepared, produced or created on the
40 premises by the operator of the home occupation, shall be kept or sold on the premises.
41
City of Cape Canaveral
Ordinance No. 36-2021
Page 3 of 9
1 (j) No motor power other than electric motors shall be used in conjunction with a home
2 occupation. The total horsepower of such motors shall not exceed three horsepower or one
3 horsepower for any single motor.
4
5 (k) No equipment or process shall be used in a home occupation which creates noise, vibration,
6 glare, fumes or odors, detectable to the normal senses off the lot. No equipment or process shall
7 be used which creates visual or audible interference in any radio or television receiver or causes
8 fluctuation in line voltage outside the dwelling unit. No home occupation shall interfere with the
9 reasonable enjoyment of adjoining or nearby dwelling units or properties.
10
11 Sec. 110-523. -Local business tax receipt required. Reserved.
12
13 Permitted home occupations shall comply with the city local business tax levied pursuant to
14 section 70- 66 et seq.
15
16
17 Section 3. Conforming Amendments. The City of Cape Canaveral Code of
18 Ordinances, is hereby amended as set forth below (underlined type indicates additions and
19 strikeout type indicates deletions, while *** indicate deletions from this Ordinance of the
20 referenced Chapter, Article, Division, Section or Table that shall remain unchanged in the City
21 Code):
22
23 A. Sec. 10-128. - Local business tax receipts/home occupations.
24
25 ***
26 {b) Adult entertainment establishments and sexually oriented businesses shall not be
27 approved as home occupations.
28
29
30 B. CHAPTER 94 SIGNS
31
32 ***
33 Sec. 94-4. — Exemptions.
34
35 The following signs may be erected without a permit, subject, however, to all remaining
36 requirements of these regulations:
37
38 ***
39
40 (11) Home based business occupation signs pursuant to section 94-83.
City of Cape Canaveral
Ordinance No. 36-2021
Page 4 of 9
1
2 ***
3
4
5 Sec. 94-83. — Home based business signs.
6
7 A home occupation sign that is nonilluminatcd and One nonilluminated sign that does not exceed
8 two square feet in area concerned shall be allowed per home based business in accordance with
9 district requirements if it is affixed flat against the exterior surface at a position not more than two
10 feet distant from the main entrance of the dwelling unit. There shall be no more than one of these
11 affixed signs per unit.
12
13 ***
Table 94-96-1 District Restrictions
Type of Sign
R-1
R-2
R-3
C-1, C-2 & M-1
Pub/Rec
***
***
***
***
***
***
***
Home Occupation
Home based business
Max. no.
1
1
1
1
N/A
Max area
2 s.f.
2 s.f.
2 s.f.
2 s.f.
N/A
***
***
14
15 ***
16
17 C. CHAPTER 110 LAND DEVELOPMENT REGULATIONS
18
19 ARTICLE I.— IN GENERAL
City of Cape Canaveral
Ordinance No. 36-2021
Page 5 of 9
1
2 Sec. 110-1. — Definitions.
3
4 Home occupation means any occupation conducted entirely within a dwelling unit and carried on
5 by an occupant thereof, which occupation is clearly incidental and secondary to the use of the
6 dwelling for dwelling purposes and does not change the residential character thereof.
7
8 ***
9
10 ARTICLE VII. - DISTRICTS
11
12 ***
13
14 DIVISION 2. - R-1 LOW DENSITY RESIDENTIAL DISTRICT
15
16 ***
17
18 Sec. 110-273. - Accessory uses and structures.
19
20 ***
21
22 (4) Home occupation subject to section 110-521 et seq.
23
24 ***
25
26 DIVISION 3. - R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
27
28 ***
29
30 Sec. 110-293. - Accessory uses and structures.
31
32 ***
33
34 (4) Home occupations subject to section 110- 521 et seq. Reserved.
35
36 ***
37
38 DIVISION 4. - R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
39
40 ***
City of Cape Canaveral
Ordinance No. 36-2021
Page 6 of 9
1
2 Sec. 110-313. - Accessory uses and structures.
3
4 ***
5
6 (4) Home occupation subject to section 110-521 et seq. Reserved.
7
8 ***
9
10 ARTICLE IX. - SUPPLEMENTARY DISTRICT REGULATIONS
11
12 ***
13
14 Sec. 110-468. - Accessory structures.
15
16 (a)No accessory structure shall be erected in any front yard, and the accessory structure shall not
17 cover more than 30 percent of any required rear setback. No separate accessory structures shall
18 be erected within ten feet of any building on the same lot or within five feet of any lot line. An
19 accessory structure shall not exceed 24 feet in height. However, a lot with a one- or two-family
20 residence only may have one additional accessory structure erected per unit, not to exceed 100
21 square feet with a maximum height of ten feet if detached or 32 square feet with maximum height
22 of ten feet if attached in rear setback. In new construction an accessory building may not be
23 constructed prior to the construction of the main building. No accessory building shall be used
24 for any home occupation or business or for permanent living quarters; it shall contain no kitchen
25 or cooking facilities. It may be used for housing temporary guests of the occupants of the main
26 building. It is not to be rented or otherwise used as a separate dwelling.
27
28 ***
29
30 Sec. 110-489. - Pain management clinic regulations.
31
32 (1) Pain management clinics may only be permitted by special exception in the C-1, C-2 and M-
33 1 zoning districts, subject to the general conditions for special exceptions and subject to the
34 following requirements:
35
36 ***
37
38 (I) Reserved. Prohibition on home occupations. A pain management clinic shall not be
39 permitted as a home occupation.
40
City of Cape Canaveral
Ordinance No. 36-2021
Page 7 of 9
1 ***
2
3 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
4 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
5 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
6
7 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
8 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
9 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
10 and like errors may be corrected and additions, alterations, and omissions, not affecting the
11 construction or meaning of this ordinance and the City Code may be freely made.
12
13 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
14 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
15 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
16 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
17 the validity of the remaining portions of this Ordinance.
18
19 Section 7. Effective Date. This Ordinance shall become effective immediately upon
20 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
21 Charter.
22
23 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of
24 November, 2021.
25
26
27
28;
29
30 ATTEST: For Against
31
32 Kim Davis Motion
33 Mickie Kellum X
34 Wes Morrison X
35 Angela Raymond Second
36 Don Willis X
37
38 Mia Goforth, CMC
39 City Clerk
40
Wes Morrison, Mayor
City of Cape Canaveral
Ordinance No. 36-2021
Page 8 of 9
1
2
3
4 First Advertisement: October 7, 2021
5 P&Z/LPA Hearing: October 13, 2021
6 First Reading: October 19, 2021
7 Second Advertisement: November 6, 2021
8 Second Reading: November 16, 2021
9
10
11 Approved as to legal form and sufficiency
12 for the City of Cape Canaveral only by:
13
14 Signature
15 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 36-2021
Page 9 of 9